Submission 84

CONSTITUTIONAL REFORM SUBMISSIONS.

1.. Bearing in mind current litigation over what appears to be arbitrarily selected Election Date, the following is offered as a possible solution;

Every five years beginning in the year 2025, there shall be Elections for a New Parliament, elections to be held on the 2nd Thursday of August in the Election Year. Orderly transition, including publicly taken Oaths of Office shall take place and the New Government shall be installed on the First Thursday of September following Elections. An Elections Transition Commission shall be appointed and in place by the 1st day of August preceding the Election date but shall be dissolved at 30 September following.

2..To ensure the constant viability of the Public Accounts Committee, it should be left in Opposition, but that means there MUST be an Opposition in Parliament. We could find a way to resolve the current anomaly by instituting the following or similar measure

In the event that no member of an Opposing Party to the Government has been elected, the President shall Install an Opposition of ten percent of the elected members of the Lower House. This Opposition must be selected on the basis of Proportional Representation and added to those Members elected. The House shall add the three seats to Parliament for this specific purpose. This arrangement shall end if new Constituency elections place more than ONE member in Opposition, OR in the event of seats of more than ONE elected member being vacated, are won by members opposed to the Governing Party. No member who is appointed under this section shall ‘cross the floor’ but may resign the seat leaving the President free to appoint someone else in his or her place

3. Our President seems in Good health, and Long May She So Continue. However, in her Planned or enforced absence from duty, - for any reason - her temporary successor must arise from a constitutionally appointed hierarchy. Barbados, having separated from the church in 1968, and considering the possibility of the need for some knowledge of the law, we should revert to the ancient practice of turning towards the bench or the Legislature, rather than the pulpit. Two hierarchical options are here listed:

1.President, 2. Hon Chief Justice, 3.Next Senior Judge OR
1.President, 2.Hon Chief Justice, 3.Hon Speaker OR 4.President of Senate providing either 3 or 4 is a lawyer, in the stated order

Employment of the legal mind suggests that most lawyers are the first to know when they need advice beyond their own capabilities, and they would likely act – sooner rather than later – to seek further advice. In many Constitutional matters at this level, Urgency of Action might be required.

4. It would also be prudent for the Constitution to address the appointment - by Election - of the President of Republic. This could be added to the Election Cycle at !. above, BUT limiting the President to two or three terms. The President’s term should overlap i.e. start and finish, say, three months after the Parliamentary Cycle. Thus avoiding the possibility of a constitutional vacuum. ENDS